Vioxx
Commentary by Thomas Sullivan
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Here we also provide a chat room about Vioxx and related topics. Any topic of discussion about Vioxx or Osteoarthritis is fair game discussion within our chat room. Our chat room allows for an unlimited number of participants.
In an effort to provide an additional information resource about Vioxx, and to provide alternative treatments, here you will find our book store. Our book store provides books about Vioxx and books about pain relief alternatives for those individuals who are suffering from osteoarthritis.
Here you will also find a list of attorneys who specialize in Vioxx litigation. Attorney, clinician, and consumer should find this site useful, and compelling. Most of the current news about Vioxx has to do with lawsuits against Merck, the producer of this drug, and about cardiovascular events that have developed in individuals due to usage prior to the withdraw of Vioxx from the market place in 2004.
Vioxx is the brand name for Rofecoxib. Rofecoxib is one of the COX-2 inhibitors within the non-steroidal anti-inflammatory drug (NSAID) family. Other COX-2 inhibitors include Bextra and Celebrex. In 1999, the Food and Drug Administration (FDA) approved Vioxx for safe and effective use. The intended usage of Vioxx was for the treatment of osteoarthritis, acute pain and dysmenorrhoea. Vioxx was most frequently prescribed for the treatment of osteoarthritis.
In 2004, Merck withdrew the drug because of cardiovascular event concerns. More specifically, Vioxx was found to be associated with an increase risk of heart attack and stroke. Bextra was withdrawn from the market in 2005, while Celebrax remains available for use. Major drug companies will at times, place drugs in the pipeline which end up problematic and occasionally dangerous to the general public. The main concern here really is not the major drug companies but the FDA and it’s practices. The FDA today is showing more and more favoritism toward “Big Pharma”. It appears now that the FDA should have never allowed Vioxx to enter the market place.
Today drug companies are producing drugs for just about every minor or major medical problem that exist within the human body. Enormous amounts of money is funneled into advertising, and the drug company can make any drug look good on TV ads. Granted, most drugs are needed and provide a benefit to the general public, and that is why on this page you will find alternatives to Vioxx for pain relief from osteoarthritis. The problem is that there are many drugs out on the market place today because of the enormous profit margin and yet these drugs provide limited benefit overall to the general public. Many drugs today are being pushed out into the market place to quickly without proper scrutiny.
Vioxx is not a special case. Another case in point. Recently the drug companies have been advertising sleeping pills heavily on TV and they make them look like the perfect solution to sleep deprivation. Major problems have recently been associated with these sleeping pills. People taking these sleeping pills have been getting up at night and make meals, eat, walk around, and drive their car, all while being a sleep! Again, the question arises, do you really need to take these pills?
Do you really need to have exactly 7 hours of sleep every night? Personally, I have plenty of energy on 5 to 6 hours of sleep with a 20 min nap and have not taken a sleeping pill in years. Of course everybody has their own sleep requirement. But is it really such a big deal if you lose sleep sometimes. The point I am making here is that the general public is better off if they become less dependent on drugs, and not more dependent. It is clear that today within the United States there has developed a greater dependence on drugs.
Again, should the FDA have allowed the use of these sleeping pills without proper scrutiny? It appears as if once again the FDA allowed the general public in the United States to be one giant clinical study. The more data points, the more accurate the results. It now appears as if the FDA to a certain degree is being controlled by major drug companies. The Vioxx case was a “wake-up call” and indicates that the FDA is not the completely independent unbiased agency that it used to be.
In any case, the consumer must be very careful about the drugs they consume. First, you must ask the question, do you really need this drug? Second, read the warnings and side effects carefully and discuss thoroughly with your doctor the risks associated with the drug. Remember, even though the FDA approves a drug, all drugs have some risk associated with them.
As a final note, Merck & Company, announced more than 44,000 people have signed up for a piece of a $4.85 billion settlement over the withdrawn painkiller Vioxx. So it appears as if the Vioxx story is coming to an end and at least some justice will be served.
Vioxx - Conclusion
We have provided the current status of Vioxx. Below you will find some news, additional articles, and videos, about Vioxx litigation. Here on this page you will also find some links to alternatives to Vioxx for anyone trying to reduce the pain associated with arthritis. For most people, viable alternatives is much more important then pursuing Vioxx litigation. But for many, litigation is important and therefore below you will also find a list of attorneys who specialize in Vioxx type litigation. So if you, a loved one, or friend has had a cardiovascular event and you believe it is associated with Vioxx, then litigation is something you should consider. You should find out from an attorney if you are eligible for enrollment in the Vioxx settlement deal.
Vioxx - Videos
The following is a list of lawyers who specialize in Vioxx litigation.
This list is provided by the National Association of Personal Injury Lawyers
Vioxx - Personal Injury Lawyers by State
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LexisNexis® Mealey's™ Arthritis Drugs Legal News
Copyright 2010
Headline Arthritis Drugs Legal News from LexisNexis®
Merck Adopts New Safety Measures To Settle Derivative Suits
ATLANTIC CITY, N.J. - Merck & Co. Inc. will adopt a range of safety-related governance provisions and pay plaintiffs' attorneys $12.2 million to settle shareholder litigation in New Jersey state and federal court derivative to the rise and fall of the company's painkiller Vioxx, the company announced in a Feb. 9 Form 8K filing with the Securities and Exchange Commission (Fagin v. Scolnick et. al., No. ATL-L-3406-07-MT, N.J. Super. Atlantic Co.; In re Merck & Co., Inc. Consolidated Derivative Litig., No. 08-3158, 3rd Cir., originally pending as In re Merck & Co., Inc. Derivative & ERISA Litig., MDL No. 1658, D. N.J.; See December 2009, Page 4).
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Doctor Pleads Guilty To Falsifying Data For Celebrex Pain Study
BOSTON - A former member of Pfizer Inc.'s speakers' bureau pleaded guilty Feb. 22 to health care fraud for falsifying data in support of a published study on pain management, according to documents filed in the U.S. District Court for the District of Massachusetts (United States of America v. Scott Reuben, No. 10-30002, D. Mass.; See January 2010, Page 4).
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Louisiana Says Merck Misled State On Vioxx Gastroinstestinal Safety
NEW ORLEANS - With trial of a qui tam purchase price lawsuit Louisiana brought as a third-party payer for Vioxx scheduled for April, the state's attorney general on Feb. 19 moved for summary judgment in U.S. District Court for the Eastern District of Louisiana on the issue of whether the drug's 2002 label was false and misleading about gastrointestinal (GI) safety (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See September 2009, Page 11).
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Louisiana AG Claims No Diversity Or Federal Issue In Alleged Vioxx Overpayments
NEW ORLEANS - With trial in the Vioxx multidistrict litigation scheduled for April in the U.S. District Court for the Eastern District of Louisiana, the attorney general of Louisiana reiterated his motion for remand on Jan. 29, saying allegations that a state agency overpaid for Merck & Co.'s Vioxx create neither diversity nor a compelling federal question (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See September 2009, Page 11).
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Merck Says Louisiana's Vioxx Purchase Price Class Belongs In Federal Court
NEW ORLEANS - Merck opposes the 11th-hour remand of a qui tam purchase price lawsuit Louisiana brought as a third-party payer for Vioxx, saying in a Feb. 18 brief that the multidistrict litigation court has jurisdiction under the Class Action Fairness Act (CAFA) and that substantial federal questions exist under regulatory law (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See September 2009, Page 11).
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Parties Move To Exclude Each Other's Damages Experts
NEW ORLEANS - Merck & Co. and the Louisiana attorney general filed simultaneous motions Feb. 19 in the U.S. District Court for the Eastern District of Louisiana to exclude each other's damages experts in a qui tam purchase price lawsuit in which the state says it overpaid for Vioxx Medicaid reimbursements because of Merck's misrepresentations about the drug's safety and efficacy (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See September 2009, Page 11).
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Attorney General: Doctor Is Unqualified, Failed To Produce Reliance Data
NEW ORLEANS - The attorney general of Louisiana has asked the Vioxx multidistrict litigation judge to strike an expert report, saying in a Feb. 19 brief that the cardiologist who produced it is not qualified to render the opinions sought by Merck & Co. and failed initially to produce a complete list of materials upon which he relied (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See September 2009, Page 11).
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Attorney General Seeks To Prevent Anecdotal Testimony About Vioxx
NEW ORLEANS - Merck & Co. experts should not be allowed to offer unsupported personal testimony about the safety and efficacy of Vioxx, the Louisiana attorney general says in a Feb. 19 motion filed in a qui tam purchase price lawsuit in Louisiana federal court in which the state says it overpaid for Vioxx Medicaid reimbursements because of Merck's misrepresentations about the drug (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See September 2009, Page 11).
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Plaintiff Defends Refund Class Against Motion To Strike
PHILADELPHIA - A plaintiff defends consumer class action claims stemming from Pfizer Inc.'s recent settlement with the federal government over the marketing of 10 drugs against a motion to strike, saying in a Feb. 12 opposition that the company's motion is "woefully premature and without merit" (Kathleen Zafarana, et al. v. Pfizer Inc., et al., No. 09-cv-4026, E.D. Pa.; See January 2010, Page 6).
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FDA Approves New Monoclonal For Rheumatoid Arthritis
ROCKVILLE, Md. - The U.S. Food and Drug Administration on Jan. 11 announced that it had approved a new monoclonal antibody to treat adults with moderate to severe rheumatoid arthritis, albeit with significant restrictions because of safety concerns.
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Massachusetts Doctor To Plead Guilty To Charge Of Falsifying Research
BOSTON - A former member of Pfizer Inc.'s speakers' bureau has agreed to plead guilty to health care fraud for falsifying data in support of a published study on pain management, according to a plea agreement filed Jan. 14 by the U.S. attorney for the District of Massachusetts (United States of America v. Scott Reuben, No. 10-30002, D. Mass.; See March 2009, Page 14).
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Federal Judge Dismisses Some Death Claims But Allows Plaintiffs To Amend
SAN FRANCISCO - A California federal judge on Jan. 20 dismissed some claims by parents of a boy who contracted fatal hepatosplenic T-Cell lymphoma after being given three drugs, including Abbott Laboratories' Humira, to treat inflammatory bowel disease, but allowed the parents to file an amended complaint (Stephen Wendell, et al. v. Johnson & Johnson, et al., No. 09-04124, N.D. Calif.; 2010 U.S. Dist. LEXIS 4188).
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Merck Says Vioxx Judge Participated In No Improper Ex Parte Communication
NEW ORLEANS - A motion to recuse the judge supervising the Vioxx multidistrict litigation is frivolous, Merck & Co. says in Dec. 30 brief, because the information the filing attorney alleges the judge learned of through an improper ex parte communication with the company's lawyers had been submitted to the court earlier in one of the attorney's own cases (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See December 2009, Page 13).
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Nonsettling Plaintiffs Petition Court For Their Own MDL Committee
NEW ORLEANS - Plaintiffs who filed injury claims stemming from their use of Merck & Co.'s Vioxx after the national settlement and are therefore not eligible to participate in it filed a motion on Jan. 7 for appointment of counsel in the multidistrict litigation in the U.S. District Court for the Eastern District of Louisiana to represent their interests (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Pfizer Says Fraud Claims Stemming From Settlement Do Not Meet Iqbal Test
PHILADELPHIA - Pfizer Inc. seeks dismissal of consumer class action claims stemming from its recent settlement with the federal government, saying in a Jan. 15 brief that the claims do not meet the pleading requirements for basic factual allegations set forth in Ashcroft v. Iqbal (129 S.Ct. 1937, 1949 [2009]) (Kathleen Zafarana, et al. v. Pfizer Inc., et al., No. 09-cv-4026, E.D. Pa.; See December 2009, Page 10).
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Plaintiffs: Criminal Behavior Releases Them Of Need To Demonstrate Demand Futility
NEW YORK - When a company's management and much of its board fail to curtail alleged criminal behavior and to inform shareholders of the particulars of corporate integrity agreements (CIAs) stemming from that behavior, it is not necessary to show pre-suit demand, derivative plaintiffs say in a brief filed Jan. 8 in the U.S. District Court for the Southern District of New York (In re Pfizer Inc. Shareholder Derivative Litigation, No. 09-cv-7822, S.D. N.Y.; See October 2009, Page 10 and December 2009, Page 5).
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Parties Accuse Each Other Of Redefining Science For Purpose Of Litigation
NEW YORK - Pfizer Inc. says shareholder derivative plaintiffs seek to redefine the science over its painkillers Bextra and Celebrex, while the plaintiffs say it is the company that attempts to change the scientific facts underlying the litigation, in responses to each other's proposed findings of fact filed Jan. 8 in the U.S. District Court for the Southern District of New York (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.; See December 2009, Page 6).
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Debtor Is Liable For Money Recovered After Bankruptcy Filing
ALBANY, NY - A debtor who suffered a heart attack two months after filing his Chapter 7 bankruptcy petition must turn $26,246 over to the trustee because the Vioxx use that made him eligible for compensation under the Master Settlement Agreement with Merck & Co. was "sufficiently rooted in the prebankruptcy past," a New York federal judge ruled Jan. 8 in a case of first impression for the court (In re: Daniel W. Borchert and Cindy Borchert, Chapter 7, Debtors, No. 04-65653, Chapter 7, N.D. N.Y. Bkcy.).
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5th Circuit Is 2nd To Find Generic Drug Claims Are Not Preempted
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Jan. 8 became the second federal appeals court in seven weeks to rule that failure-to-warn claims against generic drug manufacturers are not preempted, expanding last year's brand-name drug preemption ruling by the U.S. Supreme Court to generic drug makers (Julie Demahy v. Actavis, Inc., No. 08-31204, 5th Cir.; 2020 U.S. App. LEXIS 430).
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Supreme Court Justices Question Merck's Defense Of Vioxx Derivative Claims
WASHINGTON, D.C. - A U.S. Supreme Court justice pointed out an internal contradiction in Merck & Co.'s defense of a shareholder derivative lawsuit over its marketing of Vioxx during oral argument Nov. 30 - that on the one hand the company argues that it did nothing wrong; on the other, it says shareholders should have been aware much earlier of the possibility that it was covering up the painkiller's cardiovascular risks (Merck & Co., Inc., et al. v. Richard Reynolds, et al., No. 08-905, U.S. Sup.; See November 2009, Page 4).
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Pfizer: Derivative Plaintiffs Cannot Show Demand Futility Or Breach Of Any Duty
NEW YORK - Pfizer Inc. on Dec. 16 moved to dismiss putative derivative class actions against its executives stemming from a recent $2.3 billion settlement between the company and the federal government over illegal, off-label promotion of Bextra and other drugs, saying in New York federal court that the plaintiffs failed to show demand futility or to state a claim for breach of any corporate duty (In re Pfizer Inc. Shareholder Derivative Litigation, No. 09-cv-7822, S.D. N.Y.; See October 2009, Page 10).
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Pfizer Parties Submit Proposed Fact Findings And Conclusions Of Law
NEW YORK - Pfizer and its shareholders who are suing the company for loss to their stock value in the wake of controversy surrounding two of the company's painkillers in 2004 attempt to undermine each other's experts in proposed findings of fact and conclusions of law filed Dec. 4 in federal court (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.; See July 2008, Page 13).
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Wrongful Death Claims Stemming From Remicade Use Dismissed For Lack Of Proof
BALTIMORE - The parents of a 17-year-old who died of cardiac arrest after several infusions with Johnson & Johnson's Remicade saw their claims dismissed for failure to provide an expert to show that the drug was defective, a federal judge ruled Nov. 24 (James Mack, et al. v. AmerisourceBergen Drug Corporation, et al., No. 08-688, D. Md.; 2009 U.S. Dist. LEXIS 109705; See October 2009, Page 6).
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California Appeals Court Affirms Dismissal Of Vioxx Consumer Claims
LOS ANGELES - A California appeals court on Dec. 15 affirmed dismissal of claims seeking to recover from Merck & Co. the costs of purchasing its withdrawn painkiller Vioxx, finding that individual plaintiffs' claims are not typical of the class they seek to represent and in some instances contradict other purchasers' claims (In Re Vioxx Class Cases, No. B216521, Calif. App., 2nd Dist., Div. 3).
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Federal Panel Denies Consolidation To Pfizer Consumers
WASHINGTON, D.C. - Saying the litigation currently comprises only two cases whose plaintiffs allege facts involving different pharmaceutical products, the Judicial Panel on Multidistrict Litigation on Dec. 1 denied a New Jersey woman's motion to consolidate a consumer class against Pfizer Inc. in the U.S. District Court for the Eastern District of Pennsylvania (In re: Pfizer Inc. Marketing and Sales Practices Litigation, JPMDL, Kathleen Zafarana, et al. v. Pfizer Inc., et al., No. 09-cv-4026, E.D. Pa.; Michael Alan Caltieri, et al. v. Pfizer Inc., et al., No. 1:09-cv-11480, D. Mass.).
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5th Circuit Affirms Dismissal Of Vioxx Cases On Forum Non Conveniens
NEW ORLEANS - Dismissal of Vioxx injury, wrongful death, and loss of consortium claims by British nationals based on forum non conveniens has been affirmed by the Fifth Circuit U.S. Court of Appeals, which said in a Nov. 30 opinion that the plaintiffs had an adequate remedy at home (Lillian J. Adams, et al. v. Merck & Co. Inc., No. 09-30260, 5th Cir.; 2009 U.S. App. LEXIS 26042; See February 2009, Page 5).
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Dispute Among Claimant, Lawyer And Litigation Funder Is Headed Into MDL Court
NEW ORLEANS - The judge supervising consolidated federal Vioxx litigation on Dec. 15 ordered into court the law firm representing a claimant on the Vioxx Settlement Agreement who complained about the law firm's service and the rate being charged by a company that advanced the claimant more than $9,000 against his eventual settlement recovery (In Re: VIOXX Products Liability Litigation, MDL 1657, Martha Alvarado, et al. v. Merck & Co. Inc., No. 06-5980, E.D. La.).
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Attorneys Seek Order Freeing Funds From Escrow Of Disputed Fees
NEW ORLEANS - A group of attorneys appealing a 32 percent fee cap imposed for clients enrolled in the Vioxx Settlement Agreement filed a motion Dec. 17 in federal court seeking modification of two orders to allow it to obtain fees from clients whose contracts are within the range permitted by court (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See September 2009, Page 8).
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Attorney Seeks Recusal Of Vioxx MDL Judge, Alleging Ex Parte Talks
NEW ORLEANS - A group of Vioxx plaintiffs represented by a Binghamton, N.Y., attorney has again asked the multidistrict litigation judge to recuse himself, saying in a Dec. 3 motion that the judge had likely participated in an improper ex parte communication with Merck & Co. attorneys (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See November 2009, Page 6).
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Humira-Experimental Drug Case Dismissed Without Prejudice For Pleading Deficiencies
SPRINGFIELD, Ill. - A case alleging that a patient died when she was given experimental arthritis gene therapy along with Humira was dismissed without prejudice Nov. 18 by an Illinois federal judge for failure to adequately plead claims (Robby Mohr v. Targeted Genetics Inc., et al., No. 09-3170, C.D. Ill., Springfield Div.; 2009 U.S. Dist. LEXIS 107761).
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Generic Drug Injury Claims Are Not Preempted, 8th Circuit Panel Rules
ST. LOUIS - Federal law does not preempt state court failure-to-warn claims against generic drug manufacturers, a panel of the Eighth Circuit U.S. Court of Appeals ruled Nov. 27, extending the U.S. Supreme Court's preemption ruling in Wyeth v. Diana Levine (No. 06-1249, U.S. Sup.; 2009 U.S. LEXIS 1774; See March 2009, Page 11) to generic drugs (Gladys Mensing v. Wyeth, Inc., et al., No. 08-3850, 8th Cir.).
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COX-2 Inhibitors May Interfere With Aspirin's Anti-Clotting Property
WASHINGTON, D.C. - Painkillers designed to avoid gastrointestinal problems by inhibiting only the cyclooxygenase-2 (COX-2) enzyme may interfere with aspirin being taking for its anti-clotting properties, according to the abstract of a study released Dec. 1 in the online Proceedings of the National Academy of Sciences.
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